Delhi High Court
Jyotika Mahajan vs Central Board Of Secondary ... on 29 August, 2018
#68
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 29.08.2018
W.P.(C) 1892/2018
JYOTIKA MAHAJAN ..... Petitioner
versus
CENTRAL BOARD OF SECONDARY EDUCATION
& ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sanjay M. Tripathi and Ms. Anu Gupta, Advocates
For the Respondents : Mr. Atul Kumar, Advocate for R-1 & R-2
Mr. S.S. Tripathi, PGT (Mathematics) for R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present writ petition under Article 226 of the Constitution of
India has been instituted praying as follows:-
"a) Issue writ, order or direction in the nature of certiorari
to quash the decision of respondent No.1
communicated by the respondent No.2 vide letter
dated 03.10.2017 and 03.01.2018 bearing No.A-1-
821/2015; and/or
b) Pass such other order or orders as this Hon'ble Court
may deem fit and proper in the facts and circumstances
of the case."
2. This petition has been instituted on behalf of a widow lady, predicated
on the circumstance that, while filling the application form for admission in
an under graduate course for her son, namely, Master Keshav Mahajan, she
noticed that the educational certificates issued to the latter, mentioned her as
'Jyotika', without adding the surname 'Mahajan'.
3. The petitioner approached the respondent school, requesting that the
said certificates be corrected and her surname 'Mahajan' may be added to
her name 'Jyotika' therein.
4. The respondent school forwarded all the relevant record, reflecting the
petitioner's name as 'Jyotika Mahajan' therein, to the Central Board of
Secondary Education (for short 'CBSE').
5. The request was rejected by the CBSE, in view of the mandate of Rule
69(1) of the Examination Bye-Laws relating to the correction of change of
name or surname.
6. The petitioner has impugned the said action of the CBSE in rejecting
her application seeking addition of her surname in the certificates of her son.
7. Having heard learned counsel appearing on behalf of the parties and
perused the material on record, it is evident that, the name of the petitioner
was clearly mentioned as 'Jyotika Mahajan' in the admission form filed with
the respondent school at the time of the latter's admission. It is further
observed that, the admission form clearly stated the name of the petitioner's
husband as 'Late Sh. Arvind Mahajan'. Further, a perusal of the annexures
to the present petition leaves no manner of doubt that, in all the documents
maintained by the respondent school, the petitioner's name has been shown
as 'Jyotika Mahajan'.
8. In view of the foregoing discussion, I am of the considered view that
the present petition deserves to be allowed.
9. Resultantly, the present petition is allowed, directing the CBSE to add
the surname 'Mahajan' as a suffix to the name of 'Jyotika' in the
corresponding column relating to 'mother' in all the certificates and mark
sheets of class 10th and 12th, issued to her son, Master Keshav Mahajan by
CBSE.
10. The petitioner is, however, directed to surrender the original
certificates and mark sheets to the CBSE in order to enable the latter to carry
out the above corrections.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 29, 2018
dn
